VOTERS' RIGHTS SUMMIT
SUMMARIES of SPEAKER'S PRESENTATIONS
(PowerPoint presentations are included in the appendix)
Welcome and Introductions:
Shirley Sandelands, President of the League of Women Voters of AZ. Ms. Sandelands explained the
focus/purpose of the League of Women Voter since its origin in 1920, i.e., to provide voter information to all, to
encourage participation in government for all, and to ensure that everyone understands what their voting rights
are and then to change and/or expand where appropriate to create/facilitate an open, fair, and accessible
voting system.
Eduardo Pagan, Associate Dean, ASU New College West. Professor Pagan said that ASU is a public
research university, focused on finding solutions to existing issues with an understanding that our democracy is
only as strong as our commitment to uphold and expanding it and to make sure that our democratic rights and
responsibilities are shared by all. This ASU is very pleased to be able to partner with LWV and demonstrate its
commitment to such values.
Sam Kelley, Summit Moderator. Mr. Kelley said as graduate of the US Air Force Academy, an intelligence
officer in the military, and being the prior executive director of the AZ Advocacy Network, he is very committed
to ensuring free, fair and accessible elections for all; and thus is pleased to be at the Summit, which is focused
on such. He pointed out that AZ is at the bottom of the ranking of all states in election integrity, and that the
issue of modernizing the electoral process for all who want to vote is a nonpartisan issue, that requires the
participation of everyone at the Summit. He stressed that this is a nonpartisan event and that everyone needs
to be respectful of each other's ideas and opinions.
SESSION TOPIC #1 – HOW DOES THE PRESENT VOTING SYSTEM WORK AND WHAT IS
HAPPENING IN ARIZONA?
Joe Kanefield, Attorney – "Constitutional and Legal Framework that Regulates Voting and Voters’
Rights." (powerpoint presentation in the appendix) Copy and Paste Link: http://lwvaz.org/wpcontent/uploads/LWVAZ-Presentation-Kanefield.pdf
Mr. Kanefield provided an overview of the 240 years of America's voting history, with its checkered past but
which also shows that great strides have been made. To begin with, he pointed out that the US Constitution
does not specifically give the right to vote to anyone! However, a court case early on determined that the
qualifications for voting were the same as for being elected to the US House of Representatives -- keeping in
mind that the in the original Constitution, US senators were selected by State Legislatures vs. elected by the
people in their states. British and Colonial laws allowed only white male property owners to vote; so this was
continued on after the US became independent. The Constitution also gave each state legislature the right to
determine the place and manner of voting. It was not until the 13th, 14th and 15th amendments that all male
citizens had the right to vote and it must include Blacks. After these amendments in the 1860's, there was an
increase in registration and in the number of elected officers. Then came Reconstruction, which was a very
dark period in terms of voters' rights.
Between 1913 and 1971, additional amendments and laws were passed that made many changes to elections:
Senators were directly elected by the voters; women were given the right to vote (1921); Washington, D.C.
citizens could vote for three presidential electors in the Electoral College; poll taxes were prohibited; and the
vote was extended to 18 year olds.
To vote in Arizona, a person must be a U.S. citizen, an Arizona resident, at least 18 years of age, and not
incapacitated or convicted of a felony. Although women could not vote when Arizona’s original Constitution
was written in 1910, Arizonans voted to allow women to vote via an initiative passed in November, 1912. Until
1970, there was a literacy requirement in AZ, i.e., Arizonans had to be able to read the Constitution in English
in order to vote. However, all literacy tests were banned by Congress in that year.
The 1965 Voting Rights Act was passed, which made it illegal to infringe on the right to vote of minorities. The
law has several sections. Section 2, which remains in effect, says that anyone can bring a lawsuit charging a
violation of the Act. At present this section is being used to challenge the legality of the early ballot collection
law passed by the AZ Legislature last year. Section 4 had a formula that determined which jurisdictions and
states were covered by the Act. Section 5 stated that all areas covered by Section 4 had to get prior approval
from the US Department of Justice for any changes made to voting rights/elections. In 1975, Arizona was
added to the list of covered jurisdictions that had to get approval from the DOJ. However, in 2013, this section
of the Voting Rights Act, was struck down by the Supreme Court. Thus, Section 5 is now moot.
In Arizona, there are many barriers to voting in Arizona:
 Presenting ID at polls
 Proof of citizenship when registering
 Precinct-based voting
 Ballot collection restrictions
 Durational residency requirements
Mary Fontes, Federal Compliance Officer, Maricopa County – "An Overview of Current Barriers to
Voting in Arizona"
The first results that the public sees on Election Day are from the early ballots received by the County prior to
that day. All of these early ballots are counted by 8:00 pm on Election Day.
Then ballots brought to polling places are counted, and finally provisional ballots are counted, after it has been
determined that the person didn't vote twice. It’s important to educate voters that they don’t need to re-register
unless they move or change their name or party affiliation.
The County Elections Department tries to reach people who voted provisional ballots that incurred problems,
i.e. signatures that don't match those on file, no signature, or people who have to bring in ID that they did not
have at the polls. Sometimes people’s signatures change from the time they register to vote to when they get
older. Sometimes people have a stroke or another illness that affects their signature. In the 2016 election,
there were 15,000 bad signatures. The Recorder's office sent letters and made phone calls, if time allowed,
with 13,500 of those being resolved. If ballots are not signed, the voter receives a letter with an affidavit to sign.
In the last election 2,209 of these cases were not resolved.
Many college students have difficulty producing proper IDs at the polls. If they live in a dorm, they have no
current residential address, no utility bills, and generally no bank statements, and some have out-of-state
driver’s licenses.
Regarding provisional ballots, in the 2016 election, the SOS office determined that 8,600 people who voted
were either not registered to vote or were ineligible to vote, i.e. they had not declared a party within the last 29
days, their designated party had been switched at the DMV office so they could not vote for what they thought
was their declared party, did not have proper ID, were not yet 18 years old, or registered after the deadline.
Also, because of precinct based voting, 2,200 provisional ballots were disqualified because the voters showed
up at the wrong polling place.
Gina Roberts, Voter Education Manager, Arizona Citizens Clean Elections Commission – "An Overview
of Current Barriers to Voting in Arizona"
Ms. Roberts said she was aware that navigating the voting process can be overwhelming and scary, and that
each voter's situation is unique, and thus, takes time and effort to resolve or at least address. Education, she
feels, is the key. She recommended that we start conversations about registration and voting in high schools
and provide voter registration packets to college students when they apply and register. Further, she said the
Clean Elections staff works with County Recorders and other election staff and responds to many phone calls
about both registration and voting.
On National Voter Registration Day at ASU, Clean Elections Staff who were there noted very long lines and
many problems:
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students had no birth certificates
students didn’t know their Social Security numbers
students thought they could vote in either AZ or their home state; they didn’t know they would have to
choose just one
students didn’t know how to obtain a ballot from their home state
students didn’t have proper ID
Students didn't realize they could vote early at an on-site location or mail in a ballot
Native Americans often have great difficulty voting because some don’t have proper ID, the distances to polling
places are great, transportation is a problem for many, and there are often also Tribal elections with different
requirements and at different locations, which makes it confusing. For example, in Apache County, there were
only three on-site early voting locations.
LUNCH – "HOW DO CURRENT BARRIERS IMPACT INDIVIDUALS? " – PERSONAL TESTIMONIES
Sue Ellen Allen, REINVENTING ReEntry, Founder & CEO; author "From The Big House To The White
House"; ex-felon; http://www.sueellenallen.com/REINVENTING ReEntry, " Voting Rights and Incarceration
in Arizona".
A question she raised, "What is a debt to society and when can it be considered paid?" Voting is an important
part of reintegrating ex-felons into society. However, major barriers remain to include probation and
restitution. Further, there is no uniformity when felons go to court to regain their voting rights; the decisions can
be very arbitrary. If felons can’t pay restitution, which often is significant amounts of money, they cannot regain
that right. Thus, it is a major barrier for many. Voting rights for ex-felons differ dramatically across the U.S. In
two states - Maine and Vermont - felons can vote in prison. Ten states make voting more difficult, and Arizona
is one of them. The US, she said, has 25% of the world's incarcerated people while it only has 5% of the
world's population. Here in Arizona, 103,000 people fail to appear in court for their court date -- 41% for driving
on a suspended license -- which increases fines, which increases the amount of restitution; and thus, 1 in 3
people have a criminal record. The website procon.org has the voting rules of all the states for felons. She
recommended reinventingreentry.org as well as the Facebook page by the same name.
FYI: “…the law is simple for those people who have been convicted of just one felony. Once those people
have served all their prison time, completed their parole or probation, and paid all their fees and fines, their
voting rights are automatically restored. For those convicted of more than one felony, the law is much more
complex. They must wait two years after they've paid all their debts to society, then they must apply to the
sentencing court for the restoration of their rights.” See http://tucson.com/news/blogs/senor-reporter/arizonahas-complex-law-for-felons-to-restore-voting-rights/article_6756fb58-4232-11e1-9ef9-001871e3ce6c.html
Amanda Melcher, Registered Independent Voter
About 50% of Millennials are registered as Independents. There are structural problems to Independents
voting. One of the biggest is that in order to vote in the presidential preference election (PPE) (AZ's version of
a 'primary' for president), Independents must re-register as either a Democrat or Republican one month in
advance. If they want to continue being an Independent, they must re-register as an Independent after the
primary. If they are on the Permanent Early Voting List (PEVL), they have to return a postcard indicating their
party preference prior to the election to get an early ballot at home. She said that only 4% of Independents
vote in most primary elections.
She suggested the primary be opened up with the top two vote getters appearing on the general election ballot
or that AZ use Ranked Choice Voting, both of which do not automatically disenfranchise Independents.
Further, she suggested that Independents could get an early ballot in the presidential election with both parties
listing their candidates and a line down the middle so Independents could choose one party instead of reregistering.
Independent Voters of Arizona has a Facebook page and is now in the process of regrouping.
SESSION TOPIC #2 – "WHAT MECHANISMS ARE IN PLACE NOW THAT CAN FACILITATE
IMPLEMENTING CHANGE?"
Brad Nelson, Pima County Elections Director – "Innovations in Voting"
Nelson started by stating that he thinks election administration needs to be updated at all levels of government.
The recount in Florida in 2000 brought this point home to everyone (problems with ballots having hanging
chads)! Elections officials, he said, realized they needed to update their systems, especially the equipment. At
that time, both Pima County and Maricopa County were using punch cards.
In 2002, the federal Elections Assistance Commission (EAC) was created as part of the Help America Vote Act
(HAVA). Thus, all election equipment is now tested to federal standards by a federally-accredited lab, and a
certification is issued. The equipment must be tested before it is sold, and the code is checked to make sure it
is the same as that tested. HAVA focused on functionality, privacy, usability and accessibility of voting,
including equipment.
In AZ, the Secretary of State’s Office has a 3-member committee that includes a professor of engineering
studies, and it tests different voting equipment, including a demonstration of the actual machinery. The
Committee then recommends equipment that meets the standards and passes the tests.
The equipment must meet three standards:
 privacy – each person votes a secret ballot
 usability – there are clear instructions and it’s easy to use
 accessibility – people with disabilities can vote individually and privately
During elections, the equipment is kept secure to ensure that it cannot be tampered with or manipulated.
Voting equipment/machines are not connected to the Internet, so no hacking can take place. Audit records are
maintained. Although many are now talking about using the internet to vote, Nelson said that the Internet can
be vulnerable, so doing so must include very strict auditing procedures.
In Pima County names on the ballot are rotated, unless the office is uncontested. The purpose of the rotation is
to ensure that no one candidate has an advantage over another.
One new process is to offer a sample ballot that a voter can fill out on their computer or phone that produces a
barcode. The barcode is scanned and the ballot printed with the voter’s selections, and the voter reviews the
ballot before handing it over. It’s expected that this will be available within 4-5 years, subject to approval by the
Secretary of State’s Office.
A recount is done by machine after all the votes are counted and after the results are made official. It is
automatic if the election is close. A recount is a second tabulation made of all the votes for a specific contest.
An audit is completed after each election in Pima County. This is a hand count by individual auditors who are
appointed by the local Republican, Democratic, Green and Libertarian Parties prior to the election results being
made official. A registered Independent can participate in the audit if one of the recognized party chairs
appoints that person. One purpose of the audit is that it catches things that the machine might not, e.g., a
ballot on which someone circled their choice vs. blacked in the circle.
Moderator Kelley added that HAVA provided $3.5 billion nationwide to upgrade/improve elections and AZ
received about $56 million to get rid of the older punch card voting machines. Congress has not reauthorized
HAVA since 2002 when it was originally passed; thus, states are not receiving any new federal funds to
upgrade/improve election administration.
Matt Roberts, Communications Director, Arizona Secretary of State’s Office – "Voter Education and
More Voting Outreach"
M. Roberts said that traditionally voter registration was done at locations such as the Elks and Rotary Clubs.
Now voter registration is being offered at non-traditional venues, such as Comi-Con. The Secretary of State’s
Office (SOS) participated in 50 events last year in all AZ counties to encourage voter registration. Further, he
said the office has two voting rights Ambassadors who seek out and participate in organizational meetings and
events throughout the state.
These Ambassadors, M. Roberts said, target underperforming groups. The SOS has also created a Millennial
Advisory Committee. Recently, SOS staff is going less to universities and more to middle schools to help
inform and encourage young people to become interested in voting. To accomplish this, at middle schools,
they hold fun mock elections where the students vote for such things as their favorite ice cream or car, and
they advocate for the one they picked.
Gina Roberts, Voter Education Manager, Arizona Citizens Clean Elections Commission - "Voter
Education and More Voting Outreach" (powerpoint presentation in the appendix) Copy and Paste Link:
http://lwvaz.org/wp-content/uploads/LWVAZ-Presentation-Voter-Education.pdf
G. Roberts pointed out that there were four statewide elections in 2016: the presidential preference election (a
type of primary for president), the May special election, the state and local primary election, and the general
election. The Citizens Clean Elections Commission (CCEC) hired a professional marketing company that
created messaging on radio, digitally, in print, over social media, and on billboards. Topics include:
 registering to vote
 early voting
 mail-in deadlines
 election day information
 debates
 the Voter Education Guide that this year contained information ONLY for the offices that that household
was eligible to vote for (vs. all offices statewide)
 a voter compass (whereby voters were asked to respond to five questions on issues relating to the
office to be elected and then shown the response of the candidates to those same questions)
 Independent voters (for the presidential preference election and state and local primaries)
G. Roberts pointed out that as voting procedures, machines, location etc. vary from county to county, the
CCEC had to provide information appropriate to each vs. one statewide message. One method the
Commission used was providing infographics which pared down the process for each election so it was easily
understood. The Commission created materials so all local governments could use them as the CCEC has a
budget for voter education (part of its mandate based on statute) while local governments often do not. The
CCEC also conducted special outreach on Native American lands, which also conduct their own tribal elections
as well as other local, state and federal elections.
In conclusion, G. Roberts said that the plan for 2017-18 includes the continuation of most of the educational
efforts conducted during the past two years along with phone aps that will enable voters to find out the wait
time at polling places.
SESSION TOPIC #3 – "NEXT STEPS: REFORMS AND CHANGES – WHAT DO WE WANT?"
Ken Clark, State Representative, LD 24 – "Alternatives to the Ways We Vote Now"
Rep. Clark said he plans to introduce five election/voting related bills in this year's legislative session:
1. Automatic Voter Registration. This bill will allow automatic voter registration when residents obtain or
update their driver’s licenses at the Department of Motor Vehicles. Rather than the current procedure
where the person has to act affirmatively to register to vote, this will allow a resident to opt out of voter
registration rather than requiring them to opt in
2. Early Ballot Collection Affidavit. Clark said that rural and more transient voters are seriously
disenfranchised by a law passed last year prohibiting the collection of sealed, legal absentee ballots by
someone other than a close relative who then delivers such to election officials. Thus he will introduce
a bill to provide an affidavit on the early ballot envelope that allows the voter to confirm that he/she
personally sealed the ballot and approved that person (not just a close relative) to deliver it for them to
an election official or polling place. Clark also stated that there is currently a lawsuit challenging last
year's ballot harvesting law.
3. Fully Funding Sufficient Polling Locations/Extending Early Voting Hours. This bill will require the
legislature to fully fund a sufficient number of polling locations to meet the demand and extend early
voting hours for on-site early voting locations. This will ensure that no Arizona voter will have to stand in
line for more than 30 minutes to vote, and it will keep early voting locations open until 7:00 pm
4. Allow Registered Independents to Vote in the Presidential Preferential Election. This will allow
registered Independent voters to vote in the presidential preference election in future years
5. Increased Security. This will invest more in Internet security systems to guard voter data and election
results from hacking
Rep. Clark then talked about Ranked Choice Voting (RCV). He explained what it is, i.e., voters vote for their
1st, 2nd, 3rd etc. choice on the ballot vs. a vote for only one candidate. If one candidate does not secure the
majority of votes, then the candidate with the fewest 1st choice votes is eliminated and others are moved up
until there is a winner. This eliminates the need for a primary election, and some also say it results in more
moderate candidates who try to appeal to all voters (not just their party), who might then select them as their
2nd or 3rd choice. Clark said that he observed an RCV election in Australia in 2006, which worked very well.
Further, he said there is ranked choice voting in Maine now. The City of Glendale tried to vote it in a few years
ago, but it failed. Clark suggested that voters find 5-10 small towns under 25,000 in population to experiment
with RCV. This would get people acquainted with the process, and would also encourage people to vote
because they would feel that their vote counted even though it was not for the most popular candidate. Once
this is proven to work and becomes popular, larger cities and perhaps the state as a whole would adopt this
method.
[email protected] or www.kenclarkforaz.org; Facebook page – Ken Clark for Arizona
For more info about ranked choice voting: Arizona Advocacy Network; www.fairvoteaz.org
https://en.wikipedia.org/wiki/Instant-runoff_voting
Barbara Norrander, Political Science Professor, University of Arizona – "Facilitating Voter Registration
and Voting" (powerpoint presentation in the appendix) Copy and Paste Link: http://lwvaz.org/wpcontent/uploads/LWVAZ-Presentation-State-of-State-Election-Laws-Barbara-Norrander.pdf
Ms. Norrander presented information about voting laws nationwide, which showed that there are many states
that have made it both easier and harder to vote than Arizona does. She then presented and discussed the
following ways in which states approach voting issues.
 on line voter registration – 32 states, some others have forms that can be downloaded.
 deadlines to register before election day in some states – generally around 30 days (that originated
years ago because it took so long for mail to be delivered)
 register on election day – 12 states
 proof of citizenship to register – 4 states including Arizona
 automatic voter registration – 5 states, which use an 'opt out' system when people apply for driver’s
licenses (CA, CT, OR, VT, WV)
 early voting - 34 states including AZ
 no excuse absentee/mail in ballots - 28 states including AZ
 permanent mail in ballots - 7 including AZ
 all mail in ballots - Oregon, Washington, Colorado
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pre-registration (of those who will be 18 by the date of the next election) -e.g., at the Department of
Motor Vehicles or in civics courses – 16 states
purging of voter registration rolls - varies widely
felony convictions – 12 states don’t allow felons to vote even after they have served their sentences
and completed probation; 2 states allow felons to vote while in jail (4.2% of people in AZ cannot vote
because of felony convictions). This disproportionally affects black (11.9% AZ; 26% KY)
hours polls are open – generally 12-13 hours on election day (Arizona has 13 hours)
new restrictive voting laws in 20 states since 2010
provisional ballots cast in the wrong precinct are not counted in 26 states including AZ
vote centers - some in AZ plus 7 more states
Compared with other states, Arizona does well with voting options, e.g., early in-person voting, no excuse
absentee ballots, permanent absentee ballots, and mail-in ballots. Arizona also gives more information to
voters than most states. We provide pamphlets and sample ballots, have vote centers (in some parts of the
state), and perform post-election audits.
New Mexico studied best practices in voting and discovered the following increased voter turnout and the
voting experience with polling that showed voter confidence in the voting process increased from 40-60%.
 each poll worker did only one job
 better training of poll workers on ID requirements
 larger, more accessible (parking) voting sites
 shields for completed ballot to vote box
 Facebook reminders increased registration with younger people
SESSION TOPIC #4 – "ROADBLOCKS, CHALLENGES, BARRIERS TO ACHIEVING REFORM"
Jim Barton, Election Attorney
Mr. Barton recommended that we need to do the following:
1. Engage our fellow citizens because too many of them are apathetic; too many people, especially
younger people, do not think that government works for them.
2. Lobby the legislature; help Representative Ken Clark pass the legislation he is introducing in the new
session in January.
3. Work against barriers to voting, e.g., precinct based voting.
4. Understand and work against existing (SB 1516) and potential new barriers to the initiative process:
 Petition circulators can be subpoenaed to appear in court, and if they don't, all the signatures they
collected are invalidated. Since many paid signature gathers move from state to state to do their job,
this is prohibitive.
 Be aware that the Legislature may try to pass a law making the passage and implementation of
initiatives more difficult.
 The Legislature may pass a law to legally infringe on the authority of the Clean Elections
Commission.
 When citizens pass an initiative, it must contain a funding source, whereas when the Legislature
passes a law, no such requirement exists; thus, initiatives are disadvantaged.
 To have a successful initiative -- and AZ has a history of progressive ones -- start early, make it
narrow so the message can be easily communicated, be transparent and collaborate with others.
Moderator Kelley said that one of the problems a recent initiative ran into was that an AZ signature gathering
firm was paid NOT to collect signatures for it. He also said that the power structure recognizes the power of
initiatives, which is why there are so many attempts to make it harder.
APPENDIX
Joe Kanfield- Voting Rights in Arizona Powerpoint Presentation
Kanefield (con’t)
Gina Roberts – Voter Education PowerPoint Presentation
Voter Education (con’t)
Voter Education (con’t)
Voter Education (con’t)
Voter Education (con’t)
Barbara Norrander – State of State Election Laws Powerpoint Presentation
State of State Election Laws (con’t)
State of State Election Laws (con’t)
State of State Election Laws (con’t)